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STATE v. WESTFALL

No. 50134.

710 S.W.2d 408 (1986)

STATE of Missouri, Plaintiff-Respondent, v. Michael Lee WESTFALL, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied May 13, 1986.

Application to Transfer Denied June 17, 1986.

Attorney(s) appearing for the Case

Robert Wolfrum, Asst. Public Defender, St. Charles, for defendant-appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

CARL R. GAERTNER, Presiding Judge.

A jury convicted defendant of stealing property valued at one hundred fifty dollars or more. § 570.030, RSMo.Cum.Supp. 1984. Defendant appeals asserting the trial court's refusal to instruct the jury on the lesser included offense of stealing property valued at less than one hundred fifty dollars was error. We reverse and remand.

If on the evidence presented at trial the jury can acquit the defendant of the charged offense...

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